Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Motor Vehicles Act, 1988 - ss. 109, 110 and 111 - Motor Vehicle Rules, 1989 - Rules 108, 108A and 119 - Use of multi-toned horns and lights of red, blue, white and multi colour - On the motor vehicles - Permissibility - Held: To curb the menace of use of mu/ti-toned horns in violation of rule 119 by the people in power, holders of public offices, civil servants and ordinary citizens, exemplary fine needs to be imposed on the violators, and its rigorous enforcement needs ยท to be ensured - The use of signs and symbols of authority such as red lights etc. is contrary to the constitutional ethos and basic feature of republicanism - But the framers of the Constitution have considered it appropriate to treat those, occupying constitutional positions as a special category, there is no reason for the Court to exclude them from the ambit of the term "high dignitaries" - Hence, the term "high dignitaries" used in proviso (iii) to Rule 108(1) would take within its fold various constitutional functionaries - The use of red lights on the vehicles carrying the holders of constitutional posts will not compromise with the dignity of other citizens and individuals because this distinction would be available to them only while on duty and would be co-terminus with their tenure - Various States and administration of Union Territories have failed to check the misuse of red lights on the vehicles - Notifications issued by them allowing the use of red lights is also far beyond the scope of clause 'C' of Notifications dated 11-1-2002 and 28-7-2005 issued by the Central Government - States and Union Territories |
Judge | N/A |
Neutral Citation | 2013 INSC 819 |
Petitioner | Abhay Singh |
Respondent | State Of Uttar Pradesh And Others |
SCR | [2013] 17 S.C.R. 80 |
Judgement Date | 2013-12-10 |
Case Number | 25237 |
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